Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(5) -- Revision - Revisional jurisdiction, unlike jurisdiction of an appellate Court, is confined to appraisal of the impugned judgments and decrees to discern any error of jurisdiction or infraction of law - The impugned judgment, must disclose an illegal assumption of jurisdiction or failure to discharge..........
Criminal Procedure Code, 1973, Section 245(1) -- Discharge - Declined - Revision against dismissal of second application for discharge is not maintainable...........
Criminal Procedure Code, 1973, Section 173, 401, 482 -- Police submitted report u/s 173 - Finding of Magistrate that no offence is made out and discharged the accused - Order of discharge upheld in revision - No ground to interfere - Once opinion framed by Magistrate is upheld in revision then there is no reason to take a different view and set aside the order in exercise..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Discharge sought on ground that permission to prosecute not obtained - Dismissal of application - Held, revision against such an order is maintainable - It is not interlocutory order - If objections raised by accused were upheld, the entire prosecution proceedings would terminate...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceasing to occupy for a continuous period of four months without reasonable cause - Eviction order passed - In appeal order confirmed by Tribunal - High Court set aside decree in revision - No fault could be found with manner in which evidence had been dealt with and marshalled by Controller - High..........
Criminal Procedure Code, 1973, Section 245,482 -- Successive complaints - Discharge - No mention in the third complaint about filing of two complaints previously on the same cause of action - Order of discharge passed by the learned Magistrate set aside by the Session Judge in revision - The conduct of the complainant held to be deprecable as he tried to misuse the process..........
Criminal Procedure Code, 1973, Section 482, 319 -- Penal Code, 1860, S.306 - Summoning of additional accused - Double jeopardy - Death due to burn injuries - Complaint dismissed without summoning the accused - Summoning of the petitioners u/S.319 Cr.P.C. in police case - Dismissal of complaint does not amount to discharge - Revision petition pending - Summoning of the..........
Criminal Procedure Code, 1973, Section 251, 254, 255, 401, 482 -- Summons case - No question of framing charge in summons case as such there is no question of discharge - Question whether ingredients of offence in question are established has to be considered at stage of final order and not at stage of reading over contents of accusation to accused - Order of Magistrate..........
Criminal Procedure Code, 1973, Section 200, 202, 204, 482 -- Complaint - Summoning order - Revision u/s 482 Cr.P.C. dismissed - Accused after putting in appearance may move an application for dropping the proceedings or can argue the case for discharge at the time of framing of charge...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Appellant alongwith another tried for accepting illegal gratification pursuant to criminal conspiracy with Tejpal Singh - Trial Court framed charge against Tejpal Singh but discharged appellant - Tejpal filed revision in High Court - Revision dismissed but High Court set..........
